Terms and Conditions
Purchase Agreement:
PURCHASER has reviewed and accepts estimate, bid or sales order and agrees to the terms and conditions set forth below. Any payment constitutes acceptance of these terms and conditions. This estimate is valid for 30 days & is based on current information. All bids are made on the assumption that the sub-floor for the project is solid, level & in good condition. GARDNER FLOORING shall have clear access to the work areas & all work areas broom cleaned and ready for the floor layers and/or finishers when they arrive. Unless explicitly specified otherwise, this contract DOES NOT include sub-floor preparation. Additional labor or materials necessitated by job conditions at the time of installation will be billed on a time & materials basis and can delay the job.
GARDNER FLOORING requires a 50% deposit on installed orders over $5000.00 and payment in full on installed orders under $5000.00 prior to placing all orders and full payment of balance at time of completion of job. GARDNER FLOORING requires payment in FULL on all cash and carry orders as well as custom orders (rugs, window treatments, etc). Invoices not paid within terms will be assessed a late fee of 1.5% per month or an annual rate of 18% on the unpaid balances together with all costs and fees required for the collection of the unpaid balances. PURCHASER also agrees to pay any additional costs of collection including attorney’s fees.
PURCHASER may cancel this agreement within 3 days of the date of this agreement without penalty. If after 3 days, agreement is cancelled and material has been ordered, a restock fee of 25% of the entire sales order will be charged. Any payment made will be considered earned and only any portion in excess of restock fee will be returned.
PURCHASER understands that any changes which may be made to the agreed upon plans and specifications may result in additional costs for labor, materials or both. PURCHASER agrees to pay such additional costs upon presentation of billing by GARDNER FLOORING. BOTH PARTIES agree no modification to this contract shall be enforceable unless it is in writing and signed by both parties. All prices that are based on plans or measurement provided by PURCHASER are subject to increase in the event of any inaccuracies or changes therein. All quantities, measurements and waste factors in this proposal must be carefully reviewed and, if necessary, increased or decreased according to PURCHASER’S specifications.
GARDNER FLOORING uses standard waste allowances; however every job layout is different. PURCHASER understands there may be leftover material, and this material should be kept for future repairs. Leftover material is not returnable for refund or credit.
PURCHASER understands flooring products are subject to: color, texture, grain, shade or dye lot variations from our display samples. We do not guarantee absolute resemblance to the original sample. Showroom samples and photographic reproductions can give an example of the product’s appearance but they may not be representative of the full range of color, texture, knots and grain variations which can occur in the product itself. Color changes over time due to the effects of the sun, UV Light & use. Therefore, new flooring may have color variations from and may not match the displayed samples. This is not considered a defect. Loss of finish sheen over time is consistent with normal wear and tear and is not a product flaw. PURCHASER understands that manufacturer-recommended trim pieces are designed to coordinate with the floor color and texture, but are not guaranteed to be an exact match.
PURCHASER understands wood flooring will expand and contract in response to fluctuations in temperature and humidity. Controlling the environment, maintaining and adequate temperature and relative humidity will minimize the visible effects of normal contraction and expansion. Optimum recommended room temperature is 68°F – 72°F. PURCHASER understands the installation site should have a relative humidity of 35% – 55%. If these conditions are not maintained all warranties will be void; Acclimation may be necessary for the product and client should allow at least one week or more for this in their schedule. Depending on the final finish used on the wood flooring, PURCHASER must ensure that the proper cleaning and maintenance solutions are being used or all warranties will be void.
PURCHASER understands that in-floor-radiant heating systems must be 100% functional with working thermostats before the wood flooring installation begins. The surface temperature of wood flooring should never be hotter than 80°F per our manufacturers. Warranties, if any, are voided by overheating of the floor. This is the Contractor’s or Purchaser’s responsibility.
PURCHASER understands that removal or hauling of heavily soiled floor covering and/or any type of BIOHAZARD is not available.
GARDNER FLOORING uses professional installers & finishers who will leave the job site in standard condition. As with all construction projects there will be dust etc., which may require a construction clean which will be the owner’s responsibility. PURCHASER accepts responsibility for materials delivered to job site in good order by GARDNER FLOORING or its suppliers and agrees to provide protection against theft and damage from the elements. GARDNER FLOORING will not be held responsible for damages or loss to property during installation/delivery when other trades are working on site.
PURCHASER will be responsible for the removal and replacement of all personal items (lamps, artwork, small items) unless otherwise agreed to. All reconnections of plumbing, electrical, AV or computer equipment is the responsibility of the client.
Limited Warranty:
GARDNER FLOORING agrees to furnish the materials specified in the contract and to complete all work called for in a professional and workmanlike manner, according to standard practice in the industry. GARDNER FLOORING disclaims any and all other warranties, whether express or implied by operation of law or otherwise, regarding its labor.
PURCHASER understands, acknowledges, and agrees that the only warranty provided to PURCHASER with regard to products and materials is the express warranty from the manufacturer (the “Manufacturer’s Warranty”), and that there is no warranty whatsoever from GARDNER FLOORING for any flooring, finish, or other product or materials supplied under this Agreement. GARDNER FLOORING hereby expressly disclaims any and all warranties, whether express or implied by operation of law or otherwise, including without limitation warranties of merchantability and fitness for a particular purpose, regarding products or materials.
GARDNER FLOORING makes no warranty (whether express or implied, including any warranty of merchantability or fitness for a particular purpose) on any finish applied on the jobsite by other than GARDNER FLOORING personnel. If flooring is to be installed or finished by anyone other than GARDNER FLOORING personnel, GARDNER FLOORING relinquishes responsibility for materials upon pick up from our location.
Consequential Damages:
PURCHASER understands and agrees that in no event shall GARDNER FLOORING be liable for incidental or consequential damages or other losses arising out of this Contract or this transaction.
Returns and Cancelled Orders:
Once a custom order is placed, it is custom for that project. No cancellations, quantity reductions or other changes will be accepted. This order will need to be paid in full. Returns on non-custom orders are only allowed when it is expressly allowed in writing by GARDNER FLOORING. If a return is allowed, a restocking fee, return shipment fee and a fee for some portion of the order will be determined by GARDNER FLOORING and will be due from the PURCHASER. Please note that many of our vendors do not accept returns. Only full-unopened cartons and material in saleable condition will be accepted and must be returned within 15 days from receipt of product. Custom orders are non-refundable.
Arbitration:
The parties hereby agree to submit all controversies, claims and matters of difference arising under this Contract to arbitration. Without limiting the generality of the foregoing, the following will be considered controversies for this purpose: (a) all questions relating the interpretation, performance, or breach of this Contract, (b) all questions relating to any representations, negotiations and other proceedings leading to the execution hereof, (c) all statutory, common law and other claims arising out of the foregoing, (including all claims relating to and liabilities arising under environmental laws), and (d) all questions as to whether the right to arbitrate any such question exists. Arbitration hereunder will be by one independent and impartial arbitrator in Montgomery, Alabama (as specified by GARDNER FLOORING) and will be governed by Alabama law, without regard to Alabama’s conflicts of law rules. Arbitration will be conducted in accordance with the then-applicable Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration, including the fees of the arbitrator, will be borne equally by the parties.
THE PARTIES ACKNOWLEDGE THAT RESOLUTION OF DISPUTES BY MANDATORY BINDING ARBITRATION IS THE SOLE AND EXCLUSIVE REMEDY OF THE PARTIES, AND THE PARTIES WAIVE TRIAL BY JURY.
Where a conflict exists between the terms of this contract and any Subcontractor Contract provided from Purchaser, the terms of this contract shall prevail.